I would like to know about the general ruling to visit a graveyard (both public and private ones) for a woman in order to visit her parents? Does shariah consider it as sinful? I would like to understand what is considered as the correct view.
Jazakallah khairan
Bismillahi Ta’ala
Walaikum Assalam Warahmatullah,
The question was answered by my Hadeeth Teacher, approved by my esteemed teacher Mufti Ebrahim Desai rahimahullah :
Imam Bukhari has recorded a Ḥadith of Sayyidatuna Umm ʿAtiyya (Radiallahu ʿAnha) that she said, ‘We were prohibited from following the Janaza, i.e. until the graveyard.’ (Bukhari Ḥadith No.1278; See Fathul Bari vol.3 pg.187)
Imam Tirmidhi (RA) has recorded a Hadith of Sayyiduna Abu Hurayra (Raḍiallahu ʿAnhu) that Rasulullah (ﷺ) has mentioned, ‘May Allah Taʿala curse women who visit the graves.’ Imam Tirmidhi has graded this Ḥadith as Sahih – authentic (Sunan Tirmidhi vol.1 pg.203) A similar narration is recorded by Imam Abu Dawud on the authority of Sayyiduna ʿAbdullah ibn ʿAbbas (Radiallahu ʿAnhu).
However, many of the scholars are of the opinion that the above law has been obliterated by the following narration recorded by Imam Muslim in his Sahih on the authority of Sayyiduna ʿAbdullah ibn Masʿud (Radiallahu ʿAnhu) that Rasulullah (ﷺ) mentioned, ‘I had prevented you from visiting the grave, (as of now) you all should visit it for it reminds one of the Akhirat.’ (Sahih Muslim)
Based on this, the previous law mentioned above was abrogated. Hence, the permissibility of visiting the graveyard includes males and females. However, the reason for prohibiting females from visiting graves is due to our corrupted environment wherein women who do not adhere to the laws of Hijab and hence strange men are attracted towards them. Therefore, it is not permissible for young females to visit the graveyard.
However, if the laws of the Shari’ah (Hijab, intermingling, crying, etc.) are not violated then the prohibition may be set aside. Since generally the women visiting the graves are not free from the above aspects, they should refrain from doing so.
If a female visits the grave to remember death and soften without crying, there is nothing wrong if they are old. It is Makruh (not permissible) if they are young (Shaami vol. 1 p. 665 – Majidiyya) See ʿUmdatul Qari vol.8 pg.69
and Allah Taʿala Knows Best
Moulana Muhammad ibn Moulana Harun ‘Abbassommar
FACULTY OF SPECIALTY IN HADITH
CHECKED AND APPROVED:
Mufti Ebrahim Desai
Wallahu A’lam
And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi